Ex parte BAKER - Page 2




          Appeal No. 97-1080                                                          
          Application 08/201,733                                                      


          appealed subject matter and copies thereof may be found in                  
          the appendix to the appellant’s brief.                                      
               The references relied on by the examiner are:                          
          Szwargulski              3,520,330           July 14, 1970                  
          Mandroian                3,898,017           Aug.  5, 1975                  
          Dowdy et al. (Dowdy)     4,957,157           Sep. 18, 1990                  
               Claims 1, 2, 6, 8-10 and 16 stand rejected under 35 U.S.C.             
          § 103 as being unpatentable over Dowdy in view of Mandroian.                
               Claim 11 stands rejected under 35 U.S.C. § 103 as being                
          unpatentable over Dowdy in view of Mandroian and Szwargulski.               
               Both of the above-noted rejections are bottomed on the                 
          examiner’s position that:                                                   
                    The patent Dowdy et al., Figures 1b, 3a and                       
                    3b and in column 3, line 26 through column 4,                     
                    line 12, discloses [a] two phase closed-                          
                    looped thermal control system consisting of a                     
                    heat source (16), a capillary evaporator                          
                    (26), radiator/heat exchanger (20), a coolant                     
                    reservoir (50) and a power controlled                             
                    electrical heater (54).  The patent of Dowdy                      
                    et al. fails to disclose a first and second                       
                    check valves located at second and third                          
                    locations.  The features called for by the                        
                    claim are directed to inlet/outlet type check                     
                    valves for a pump connected to a fluid                            
                    circuit.  Such details are not limited to                         
                    spacecraft but can be found in any system                         
                    requiring a pump connected to a fluid                             
                    circuit.  The patent of Mandroian, in Figures                     
                    1 and 10 and in column 1, lines 45-59, in                         
                    column 2, lines 46-54 and in column 4, lines                      
                    25-30, discloses first (40) and second (45)                       
                    ball check valves located at second and third                     
                    locations which are just before and just                          
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